Excerpt: ...ey Occupational Center and Does 1 through 100 for injuries arising from a slip and fall on slippery yellow traction plates. The operative Second Amended Complaint (“SAC”) sets forth three causes of action for (1) negligence – against Does 1 through 100, (2) premises liability ag ainst Does 1-100, and (3) dangerous condition of public property pursuant to Gov. Code § 835 against West Valley Occupational Center – Los Angeles Unified School...

Excerpt: ...Defendant") for damages arising from a motor vehicle incident Trial is currently set for Januaty 27, 2025. Defendant seeks leave to file a First Amended Answer ("FAA") to Plaintiffs complaint to include an amrmative defense based on prelitigation settlement of Plamtiffs claims. The motion was initially denied, without prejudice, due to procedural defects. (Mm. Order, Dec. 13, 2023.) Preliminary, the Court notes that Plaintiff filed a brief opposi...

Excerpt: ...ntiffs”) filed their First Amended Complaint against defendants San Gabriel Transit Inc. (“SGT”), Access Services (“Access”), Los Angeles County Metropolitan Transportation Authority, Steve Ly (“Ly”) and Does 1 through 50 for injuries arising from falling off an alleged moving or malfunctioning vehicle ramp on October 13, 2021. Plaintiff Aline now moves to quash defendant Access's deposition subpoena for production of business recor...

Excerpt: ...fendant”) for injuries arising from a slip and fall on allegedly defective stairs covered in foreign debris and dust. The trial date is currently set for May 17, 20 24. On August 5, 2023, the parties stipulated to continue trial to February 26, 2024 and for all pre - trial discovery and motion deadlines to track with the new trial date. (Stip. & Order, Aug. 5, 2023.) The Court then continued the trial date to May 17, 2024, but denied without pr...

Excerpt: ...ria and Does 1 through 100 for damages arising from a slip and fall on Defendant's property. Plaintiff filed amendments to complaint, naming Brkic Ferdo and Zdenka Trs as Doe 1 and Brkic Ljilj a as Doe 2. Trial is currently set for April 23, 2024. On December 18, 2023, defendants Maria Delgado dba Birrieria Chalio (erroneously named as Chalio Birrieria), Ferdo Brkic, Zdenka Brkic, and Brkic Trust (erroneously sued and served as Brkic Ferdo And Zd...

Excerpt: ...g from a motor vehicle collision. Plamtiff filed an amendment to complaint naming Pedro Ivan Jimenez Aguilera as Doe 1. On October 26, 2023, the Court granted Avis Rent A Car System, LLC leave to intervene in this action. At this time, Plaintiff moves to compel the deposition of Avis Budget Car Rental, LLC's employee Jeanne Motosko ("Motosko") and its employee(s) and/or person(s) most qualified ("PMQ"). Plaintiff requests monetary sanctions. Defe...

Excerpt: ...LLC and Rasier -CA, LLC, Cesar Augusto Campos Orellana and Francisco J. Giron for injuries arising from an automobile incident. At this time, defendants Uber Technologies, Inc., Rasier, LLC and Rasier -CA, LLC (collectively, “Uber”) moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Howard J. Friedman, Ph.D., ABPP (“Dr. Friedman”) at 30 3 North Glenoaks Blvd., Suite 200, Burbank, CA 91502. Pl...

Excerpt: ...om a motor vehicle collision. Defendant now moves for terminating sanctions against Plaintiffto dismiss Plamtiffs action with prejudice for failing to serve verified discovety responses in compliance with the Courts November 27, 2023 and November 28, 2023 Orders. Defendant further requests monetary sanctions. Plaintiff is in pro per. Any opposition was due on or before March 7, 2024; none was filed. 11. MOTION FOR TERMINATING SANCTIONS 1. Legal S...

Excerpt: ...s Angeles World Airports ("LAWA") (collectively, "Defendants") for injuries arising from a trip and fall on Defendants' premises. The PAC alleges Plaintiff went to the premises to receive a Covid-19 vaccination shot, when she tripped and fell over an elevated surface mount for a vehicular traffic guidepost while crossing the parking area to the trailer. (FAC at 7. ) Plamtiff alleges the guidepost mount remamed in the direct path from the parking ...

Excerpt: ...ose Baking Inc„ and Mehran Termechi for damages arising out of an automobile v. pedestrian accident At this time, AmGUARD Insurance Company ("AmGUARD") moves for leave to intervene in the case, contending that it is the commercial automobile insurer for Retail Baking LLC. AmGUARD argues it has a direct interest in the litigation due to the insurance policy issued to its insured, Retail Baking LLC, which is currently a suspended corporate entity...

Excerpt: ...�Gomez”), Fabricio Espinoza, and Gonzalo Espinoza for damages arising from an automobile collision. On December 12, 2023, Peter J. Gates, Esq. of Gates, Gonter, Guy, Proudfoot & Muench, LLP (“C ounsel”) filed an Answer to Plaintiff's complaint on behalf of Sampedro, Gomez, Fabricio Espinoza, and Gonzalo Espinoza. On December 28, 2023, Counsel filed the instant motion to strike and withdraw Answers filed on behalf of Sampedro and Gomez on th...

Excerpt: ...��Defendant”) for injuries arising from a motor vehicle v. bicycle incident. At this time, Defendant moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist John T. Dunn, Ph.D. (“Dr. Dunn”) at 23734 Valencia Blvd., Suite 306, Valencia. Plaintiff opposes the motion, and Defendant filed a reply. 1. Moving Argument Defendant avers Plaintiff claims on- going “problems with his memory, doesn't act like...

Excerpt: ...��Defendant”) and Does 1 through 10 for damages arising from an automobile collision. Plaintiff sets forth three causes of action for negligence, battery, and intentional infliction of emotional distress (“IIED”). All unnamed Doe defendants have been dismissed. The complaint does not set forth a cognizable basis for battery on the grounds that Plaintiff “did not consent to Defendant smashing into Plaintiff's automobile.” (Compl. at ¶ 4...

Excerpt: ...acheco (“Pacheco”) and Does 1 to 50 for damages arising from a motor vehicle incident. Plaintiff filed amendments to complaint naming Mario Ernesto Canales (“Canales”) as Doe 1 and Canales Transportation, LLC (“Canales Transportation”) as Doe 2. On February 20, 2024, Plaintiff filed the instant motion to compel the production of business records of non -party State Farm Mutual Automobile Insurance Company (“State Farm”) served on ...

Excerpt: ..., 2022. (Mot McGlynn Decl. 2; Exh. A) After receiving no response, Plaintiff filed a motion to compel in March 2023, butthe motion was taken off-calendar pursuant to a stipulation bemveen the parties, in which defense counsel agreed to diligently produce responses in a reasonable time. (ld. at 4.) On December 1, 2023, Plaintiffs counsel sent a meet and confer email regarding the outstanding responses. (ld. at 5.) Defense counsel stated difficulti...

Excerpt: ...uries arising from a slip and fall on a wet floor because Doe Manager was pouring water onto the floor. At this time, Plaintiff moves to compel the deposition of Home Depots employee, Veronica Wallace ('Wallace") and for sanctions. Home Depot opposes the motion and requests sanctions. Plaintiff filed a reply. 1. Moving Argument Plaintiff argues Home Depot has had four other slip and fall incidents on September 22, 2017, October 1, 2017, July 29, ...

Excerpt: ...id Mohamadreza Siadatan, Silverado Senior Living, Inc., Shenzhen New World II, LLC dba Sheraton Universal Hotel (“the Sheraton”), Enterprise Rental, and Does 1 through 100 for damages arising a motor vehicle v. pedestrian accident in a parking lot. On September 16, 2020, Plaintiff filed amendments to complaint naming Towne Park, LLC (“Towne”) as Doe 1 and Mile Hi Valet Service, Inc. (“MHVS”) as Doe 2. The trial date is currently set f...

Excerpt: ...egedly sustained when she slipped and fell on water near the door of the restroom on June 9, 2019. On July 5, 2022, Plaintiff filed an amendment to complaint naming Nationwide Janitorial Services, Inc. as Doe 1. On November 29, 2023, the Court granted defendants Culver City Mall, LLC, erroneously sued as Westfield, LLC and Nationwide Janitorial Services, Inc. ("Defendants") motion to compel Plaintiff to provide supplemental responses, and the Cou...

Excerpt: ...ff”) filed this action against defendants Special Service For Groups, Inc., et al. for damages arising from hot water being thrown on Plaintiff by another resident at a housing for the homeless. The form complaint indicates causes of action for (1) general negligence and (2) intentional tort. Defendant Special Service For Groups, Inc. (“SGS”) now demurs to each cause of action, arguing both fail to state sufficient facts to constitute a cau...

Excerpt: ...ising from an automobile incident. At this time, Defendant Hendrik J.W. Weenink, erroneously sued as Hendirk J.W. Weenink, ("Defendant") moves to compel Plaintiffs independent medical examination ("IME") and requests monetary sanctions. This matter was Initially set to be heard on February 5, 2024. However, pursuant to the stipulation betw•een the parties, who met and conferred on the issue, the hearing was contmued to March 14, 2024. (Stip. an...

Excerpt: ...andez ("Hernandez") ShathaAlhazmi, and Does 1-50 for damages arising from a motor vehicle accident Plaintiffs filed amendments to complaint naming Uber Technologies, Raiser LLC, and Raiser-CA LLC (collectively, Uben as Does 1, 2, and 3, respectively. Uber now moves for terminating sanctions against Plaintiff Lam for failing to serve verified discovety responses in compliance with the Courts November 20, 2023 Order pertaining to Ubers motion to co...

Excerpt: ...an automobile incident At this time, State Farm Mutual Automobile Insurance Company ("State Farm") moves for leave to intervene in the case, contendmg it is the automobile insurer for defendant Christian Jonathan Mejia ("Mejia"). State Farm contends it has a direct interest in the litigation due to the insurance policy issued to its insured, Mejia, and that it wnll be required to satis$ any judgment obtained against Mejia. State Farm avers Mejia ...

Excerpt: ...e, M.D. (“Dr. Wegge”) and Hair Free Laser Center (“HFLC”) (collectively, “Defendants”) for medical negligence arising from care and treatment rendered to Plaintiff. Default was obtained against Defendants on March 28, 2022, and default judgment entered on July 5, 2022. On December 22, 2023, Dr. Wegge filed the instant motion to set aside default and default judgment against her pursuant to CCP §§ 473(b) and 473.5 for lack of actual ...

Excerpt: ...) and Sergio Liborio Carrillo ("Carrillo") (collectively, "Defendants") for damages arising from an automobile incident The complaint sets forth a single cause of action for motor vehicle negligence. Defendants now move for summary judgment against Plaintiffs complaint on the grounds that LAUSD's motion to deem request for admissions admitted conclusively establishes that It and its employees were not negligent and that Carrillo did not cause the...

Excerpt: ...ing Authority of The City of Los Angeles and Does 1 to 50 for damages arising from a workplace injury. Plaintiff alleges he was employed to perform soldering work on an elevator in Building 2 of the Jordan Downs Housing Project. While the elevator was positioned at the 6 th floor, Plaintiff fell six stories in free fall when the elevator suddenly fell and crashed to the 1 st floor due to broken cables and other malfunctions. Plaintiff's initial c...

Excerpt: ...ration (“Target”) and Edgar Villasenor (“Villasenor”) for damages arising from a slip and fall. The FAC alleges defendants caused a known or discoverable dangerous condition to exist on their property creating a risk of harm to all persons coming onto the described premises. The complaint alleges a single cause of action for general negligence against defendants. On May 10, 2023, the Court granted the parties' stipulation and order to dis...

Excerpt: ...rdado (“Plaintiff”) filed this action against defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”), et al. for damages arising from a motor vehicle accident. The complaint alleges that Plaintiff was a passenger on defendants' bus, when defendant Joh n Doe suddenly applied the brakes while the bus was in motion, causing Plaintiff to fall off her seat. The complaint sets forth two causes of action for (1) motor veh...

Excerpt: ...c Parking, Inc. (“Automac”), and Does 1 to 50 for damages arising from a slip and fall on water. Plaintiff filed amendments to complaint naming Octopus Japanese Cuisine, Inc. as Doe 1 and Octopus Restaurant Long Beach, Inc. (“Octopus Restaurant”) as Roe 2. On December 13, 2023, the Court granted 200 Pine's motion for summary adjudication (MSA) in part as to Octopus Restaurant's duty to defend 200 Pine against Plaintiff's claims. (Min. Ord...

Excerpt: ...cy, 5600 Gateway Center, LLC ("5600 Gateway'), H.B.D. Incorporated ("H.B.D.'O, Burger King Corporation for damages relating to an incident wherein Plaintiff alleges after he had an argument with one of defendants' employee, Plaintiff was shot in the back Complaint ("PAC") sets forth four causes of action for (1) negligence, (2) negligent hiring, training, supervision, (3) assault & battery, and (4) premises liability. Defendants 5600 Gateway and ...

Excerpt: ...laintiff) on October 25, 2022. Additionally, Defendant propounded form interrogatories, set Ävo, on Plaintiff on December 15, 2022. On November 25, 2022, Plaintiffs counsel served unverified responses to the RPDs, and served unverified responses to the form interrogatories, set Ävo, on Januaty 14, 2023. Defense counsel sent several correspondences requesting verified responses without objections. To date, Defendant has not received verified res...

Excerpt: ...endent Taxi Owners Associations and Hamidereza Eghbalpour (“Defendants”) for damages arising from an automobile collision. On October 27, 2022, this matter was called for non -jury trial, and after no appearances or contact by either party, the Court dismissed Plaintiff's complaint without prejudice. (Min. Order, Oct. 27, 2022.) On April 24, 2023, Plaintiff filed the instant motion to set aside the dismissal. II. Motion to Set Aside Code Civ....

Excerpt: ...ison H. Choi (“Defendants”) to appear for their depositions and to pay monetary sanctions. Trial is currently set for March 26, 2024. Any opposition was due on or before February 26, 2024; none was filed. II. Motion to Compel Deposition 1. Legal Standard CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an o...

Excerpt: ...tana ("Fontana"). Fontana is also a named defendant in this action. Any opposition to the motion was due by February 26, 2024; no opposition has been filed. II. Compel Deposition CCP S 2025.450(a) provides, "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid o...

Excerpt: ...a motor vehicle collision. Defendant now moves for terminating sanctions agamst Plaintiff to dismiss Plaintiffs action for failing to serve verified discovery responses in compliance with the Courts August 24, 2023 Order pertaining to Defendants motion to compel discovery responses. Defendant requests monetary sanctions in addition to terminating sanctions. Any opposition was due on or before February 26, 2024; none was filed. II. Motion for Term...

Excerpt: ...rovide consumers adequate care while on the premises. (Compl. at p. 5.) Plaintiff sets forth fivo causes of action for premises liability and general negligence. On September 27, 2023, Plaintiff filed a request for dismissal ofthe premises liability claim only, which was entered on September 28, 2023. Defendant Walmart Inc„ erroneously sued as Walmart Supercenter, Incu ("Defendant") now moves for summary judgment on Plamtiffs sole cause of acti...

Excerpt: ...i (“Defendants”) for injuries arising from a trip and fall due to inadequate lighting conditions on Defendants' property. The complaint sets forth two causes of action for premises liability and negligence. Defendants now demur to the complaint, arguing that the causes of action fail to state sufficient facts to constitute a claim against them. Plaintiff opposes the demurrer, and Defendants filed a reply. 1. Moving Argument Defendants argue t...

Excerpt: ...ant moves for an order compelling Plaintiff to provide further responses to Requests for Admission ("RPAs"), set one, as to Nos. 3, 4, and 5. Defense counsel avers the motion is titled as a compel initial rather than compel further based on instructions of this Court. (Mandalia Decl. 33.) The Court has no recollection of advising defense counsel in this manner. Nonetheless, because the Court has recollection of the continuous issues for a meaning...

Excerpt: ...issions (RFAs), set one, on Plaintiff Samuel Yun (“Plaintiff”) on December 15, 2022. (Hoy Decl. ¶ 3; Exh. A.) After receiving no response, defense counsel sent meet and confer emails requesting responses be provided without objections. On January 14, 2023, Plaintiff's counsel served unverified responses. ( Id. at ¶ 6; Exh. D.) To date, Defendant has not received verified responses to its RFAs, set one. ( Id. at ¶ 7.) Defendant therefore se...

Excerpt: ... and (3) RPDs, set one, on plaintiff Patrick Rayfield ("Plaintiff') on April 2 7, 2023. After granting Plaintiff three requests for an extension, with responses ultimately being due on October 27, 2023, Plaintiff has failed to serve responses to date. Vons therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovety and to pay sanctions. Any opposition was due on or before February 23, 2024; the motio...

Excerpt: ...4;Kehe”) propounded (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) RPDs, set one, on plaintiff Patrick Rayfield (“Plaintiff”) on June 15, 2023. After granting Plaintiff three requests for an extension, with responses ultimately being due on Octob er 27, 2023, Plaintiff has failed to serve responses to date. Kehe therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding...

Excerpt: ...5, 2022. (Hoy Decl. 3; Exh. A.) On November 25, 2022, Plaintiffs counsel served unverified responses. (ld. at 4; Exh B.) Defense counsel sent several correspondences requesting verified responses without objections. To date, Defendanthas not received verified responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before Febr...

Excerpt: ...g from an automobile collision. Defendant now moves for terminating sanctions against Plaintiff action on the grounds that Plaintiff failed to fully abide by the Court's May 31, 2023 Order by not paying monetary sanctions. Plaintiff opposes the motion, and Defendant filed a reply. II. Terminating Sanctions Code of Civil Procedure § 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery pr...

Excerpt: ... a trip and fall over a displaced section of a concrete walkway. The complaint alleges a single cause of action for premises liability. The City moves for judgment on the pleadings on the grounds that it is not liable for common law negligence. Plaintiff opposes the motion, and the City filed a reply. II. Motion for Judgment on the Pleadings 1. Legal Standard A defendant may move for judgment on the pleadings when the “complaint does not state ...

Excerpt: ...ff Jerry Woldum (“Plaintiff”) filed a First Amended Complaint (“FAC”) against defendants East L.A. Dialysis Center, et. al. for damages arising from a heavy gate that fell on Plaintiff while Plaintiff attempted to reposition it. The FAC sets forth three causes of action for (1) negligence, (2) premises liability, and (3) intentional infliction of emotional distress (“IIED”) against all defendants. The FAC includes a prayer for punitiv...

Excerpt: ... defendant Century Hill Association (“Defendant”) for injuries arising from an alleged dangerous condition of Defendant's property. On October 18, 2022, the Court granted Defendant's unopposed motion for terminating sanctions on the grounds that Plaintiff failed to serve discovery responses in compliance with the Court's August 18, 2022 Order. Plaintiff's counsel did not appear at the hearing, and Plaintiff's action against Defendant was dism...

Excerpt: ...geles (“County”) for damages arising from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. The County now moves to strike the prayer for punitive damages. As of February 21, 2024, no opposition was filed. II. Legal Standard 1. Procedural Before filing a motion to strike, the moving party shall meet and confer in person or by telephone with the party who has f...

Excerpt: ...n defendant Jose Noyola (“Defendant”) on August 16, 2023. Responses were due on or before September 16, 2023. However, Defendant has not served responses to date despite Plaintiff's counsel's numerous attempts to meet and confer. Plaintiff therefore seeks an order deeming the RFAs admitted against Plaintiff. The motion was previously heard and denied on December 15, 2023 due to a service issue regarding Defendant's attorney's of record. Since...

Excerpt: ...Liat Beroukhai (“Defendant”) for damages arising from an automobile incident. Plaintiff now moves to compel the deposition and production of documents of non - party Jonathan Marsand Balter (“Balter”). Plaintiff asserts he served Balter with a valid deposition subpoena that required Balter to appear for his deposition on October 18, 2023, but Balter failed to appear. The motion is unopposed. II. Motion to Compel Non -Party Deposition A pa...

Excerpt: ...t of a trip and fall on uneven pavement on April 29, 2021. The complaint sets forth a single cause of action for premises liability. A. Moving Argument Defendant argues that the uneven pavement was a trivial defect as a matter oflaw, because it measured at 7/8 (or 0.875) of one inch at its highest point and that there were no aggravating factors such as any jagged edges, broken pieces, obstructions, or shadows ccrv•enng the offset There have be...

Excerpt: ...ff”) filed a First Amended Complaint (“FAC”) against defendants East L.A. Dialysis Center, et. al. for damages arising from a heavy gate that fell on Plaintiff while Plaintiff attempted to reposition it. The FAC sets forth three causes of action for (1) negligence, (2) premises liability, and (3) intentional infliction of emotional distress (“IIED”) against all defendants. The FAC includes a prayer for punitive and exemplary damages. De...